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Calcutta High Court (Appellete Side)

Nasir Sk @ Najir Hossain @ Nazir Sk & Anr vs Unknown on 21 April, 2022

Author: Debangsu Basak

Bench: Debangsu Basak

 12    21.04.2022
(AD)                                      C.R.M. (A) 1783 of 2022
       Court No.29

In Re: - An application for anticipatory bail under Section 438 of (Rejected) the Code of Criminal Procedure in connection with Baishnabnagar P.S. Case No.01 of 2022 dated 01.01.2022 under Sections 489B/489C/120B of the Indian Penal Code.

And In the matter of: - Nasir Sk @ Najir Hossain @ Nazir Sk & Anr.

...petitioners.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... for the petitioners.

Mr. Shiladitya Banerjee ...for the State.

Petitioners seek anticipatory bail. Learned Advocate appearing for the petitioners submits that no recovery was made from the possession of the petitioners. The petitioners are sought to be proceeded against on the basis of the statement of the co-accused made while in custody.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the petitioners made over the fake currency notes to the person who was arrested with the same.

In answer to a query, learned Advocate appearing for the State submits that the police submitted charge sheet.

The materials in the case diary available at present do not rule out the complicity of the petitioners in the incident.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein as 2 transpiring from the materials in the case diary, we are unable to enlarge any of the petitioners on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 1783 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)